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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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Hi

 

I'm pulling my hair out with an ongoing council tax issue or issue's' rather !

 

I recently received 8 letters from my local council about old council tax bills dating as far back as 2008! The bills are for a number of different properties (I've moved around a lot)

A couple of them are final small bills that I've missed after moving out, another is for a shared property where I paid my share and unfortunately someone else didn't and another is for two months after I moved out of a property.

 

In 2012, my car was seized unfairly (I used it for self employment at the time and the bailiff used very dodgy means to remove it) to cover a £217 bill, the car was worth £3k and sold for £700, only £200 of that went to the council. On the day he took it, I rang the council while he was there to offer payment of the £217 and they refused to accept it.

 

After receiving the letters recently, i have raised an issue (not an official complaint yet) to say that I do not owe them said council tax, number 1 because they took a £3k car and got nothing for it even though I offered payment and the bailiffs took so much for illegal fees at the time and also because the other property was shared and they can chase the other person on the bill. I can also provide evidence of moving out of the other property.

 

I have been going back and forth with the council for a couple of weeks now who are refusing to listen to me and keep repeating that I am liable for all properties and accounts. The total outstanding is nearly £2000. They refuse to acknowledge that they did anything wrong in taking my car and actually said if I had offered to pay the bailiff or the council they would've much rather have accepted it, which is rubbish!

 

When I received the letters, I contacted them immediately and asked that any further bailiff action was placed on hold while they investigated my points but the council ignored me and I have received numerous letters from THREE different bailiff agencies adding on further fees so the outstanding now totals £3,200!!! Its insane.

 

My time to make an arrangement was up with one agency so I have had to agree to make payments of £400 a month to clear the £1,400 that they hold otherwise they would've visited my property. Another agency have given me 7 days.

 

How is this OK? They have already taken a car which they should not have done ( I complained at the time and obviously my complaint was not upheld!)

 

There are other people named on two of the bills yet they aren't being pursued.

 

I have provided evidence of not living in one property in the time they claim but they have ignored it.

 

I read something about a liability order only lasting 12 months?

 

Is there anything I can do? I would even be willing to just take the council tax arrears on the chin and pay the council, but I cannot afford to pay £1,200 on top of that in bailiff fees!

 

help!

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Hi

 

I'm pulling my hair out with an ongoing council tax issue or issue's' rather !

 

I recently received 8 letters from my local council about old council tax bills dating as far back as 2008! The bills are for a number of different properties (I've moved around a lot).

 

A couple of them are final small bills that I've missed after moving out, another is for a shared property where I paid my share and unfortunately someone else didn't and another is for two months after I moved out of a property.

 

In 2012, my car was seized unfairly (I used it for self employment at the time and the bailiff used very dodgy means to remove it) to cover a £217 bill, the car was worth £3k and sold for £700, only £200 of that went to the council. On the day he took it, I rang the council while he was there to offer payment of the £217 and they refused to accept it.

 

How is this OK? They have already taken a car which they should not have done ( I complained at the time and obviously my complaint was not upheld!

 

When your complaint was rejected by the local authority in 2012, did you ask for the complaint to be considered as a Stage Two complaint or alternatively, did you raise your complaint with the Local Government Ombudsman?

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When you offered to pay the council in 2012, did the offer include what you owed to the bailiff in fees up until that point.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi,

 

I took it to a stage 2 yes and it was rejected again. They completely ignored all of my points and at that point I didn't feel like I would get anywhere with the ombudsman either.

 

The bailiff used a police officer to get in to my home, told the police that there had been a disturbance which was untrue, I didn't even answer the door or speak to him. The officer came to my door and told me I HAD to open the door, which I now know is of course not true. I was obviously scared at the time so listened to the police officer. The bailiff then removed a number of items, including toys that belonged to my son, and placed them all on my front drive, obviously as a way of embarrassing me in to paying, then eventually took my car. At every point, I said I would pay what was owed but he ignored me. The bailiff was also aggressive and threatened to forcefully take my phone off me in front of the officer, yet she did nothing. I complained to the police and the council at the time and got an apology off the police but nothing off the council who are still maintaining that they followed procedure and if I have an issue with the fees that were taken from the sale of my car, then I have to complain to Marstons. I did this at the time and it was ignored. The whole thing became so stressful that I left it there. lost my car and my means of work transportation.

 

To now face the same 'arrears' when I went through all of that, is just disgusting. At the time, I think, If I remember correctly that I offered to pay the full amount to the council and they just wouldnt accept it and said I HAD to deal with the bailiff who at that point had probably added on attendance fees, removal fees etc etc which I couldn't afford. I remember at the time that I checked what they could legally charge me for letters, attending etc etc and the fees were way above that.

 

Also, on two of the outstanding bills, two other people are named, yet the council are not pursuing them.

 

It's just bullying to be honest!

 

What I also have an issue with, is that for each outstanding account, even though 4 are with marstons, 4 with another agency and 1 with another, they have added on separate fees for each account rather than one fee!

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Also, on two of the outstanding bills, two other people are named, yet the council are not pursuing them.

 

There is no requirement for them to do so. In any case they cannot do so anyway whilst they are using enforcement action against you for the same debt.

 

 

What I also have an issue with, is that for each outstanding account, even though 4 are with marstons, 4 with another agency and 1 with another, they have added on separate fees for each account rather than one fee!

You will see the initial fee with each liability order for the £75 whereas charging of the £235 for each case depends on the situation regarding each enforcement agent and what cases they had and when.

 

Have you obtained a statement from the enforcement agents for each account to show when and where fees and payments have been applied to the outstanding balances ?

 

Simply stating that the fees are illegal will not get you anywhere, you need to be able to specifically challenge why they are wrong in your view.

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Under the old rules the fees would have been taken off any payment in full before anything came off the outstanding tax bill, so unless you offered full payment of all sums due the council would not accept.

 

Any issues about the amount due on the LO should have been addressed before it was issued, if it was issued against you only, then I am afraid the bailiff is quite correct in enforcing it against you. Those issues should have been addressed before.

 

Unfortunately goods sold at auction rarely fetch a third of what they would be worth.

Any breach in the distress procedure should also have been addressed at the time.

I cant think you will get any joy out of a complaint made now in regards to those. The rules then were different than they are now unfortunately.

 

If I were you I would concentrate on what they are asking for now, on the various accounts. Do you have a list of all LOs issued and outstanding sums remaining under them. If not I would construct one.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Crossed posts ss, fully agree.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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